Humanitarian and Compassionate (H&C)
Statutory definition
Section 25(1) of the Immigration and Refugee Protection Act, SC 2001, c 27, provides that the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible or does not meet the requirements of the Act, and may, on the Minister's own initiative, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of the Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Explanation
Humanitarian and Compassionate (H&C) consideration is not an appeal pathway — it is a separate and discretionary relief mechanism. Relevant H&C factors include:
- Establishment in Canada (length of time, employment, community ties, language, integration)
- Family ties in Canada (particularly dependent children)
- Best interests of children directly affected
- Hardship on return (country conditions, personal circumstances, though risk factors that amount to s 96/97 risks are assessed separately in the PRRA)
The Supreme Court of Canada addressed the H&C standard in Kanthasamy v Canada (Citizenship and Immigration) [2015] 3 SCR 909, holding that H&C considerations must be assessed holistically and that the test is whether a reasonable person in Canadian society would find the circumstances unusual and undeserving of harsh treatment.
How this term is used
H&C applications from within Canada temporarily defer removal while the application is pending (subject to the Minister's ability to issue a removal order). A separate PRRA may be filed concurrently. H&C applications from outside Canada are also possible but have a different standard and processing pathway.